Sen. Mitch McConnell has stated he will be the lead Plaintiff in a lawsuit challenging the bill. Yesterday, he said he will have an announcement concerning an "impressive" legal team within "a few days." He indicated there would be other Plaintiffs in the suit as well, including those from both the political right and the left. The suit will be styled,
McConnell vs. FEC. (BTW, I think the first named Plaintiff should be a liberal group aligned with the Democrats, just so whenever the media criticizes the suit they will have to do so using the name of that group. But I understand McConnell wishing to name the suit.)
In listening to McConnell, I got the impression legal action was imminent. Once the bill is law (i.e. when it is signed), can suit be filed, or does the filing have to be after Nov. 6, 2002? In other words, if Ted Olsen could seek injunctive relief before the law takes effect, then why can't an advocacy group do the same thing?
Based on the granddaddy case, Buckley v. Valeo, 1976, the suit will be filed the day the law becomes effective, which is 6 November, 2002. If filed before then, it will most llikely be dismissed as premature. A preliminary injuction would have been a hard get for President Bush and Solicitor General Olson. It would be nearly an impossible get for Senator McConnell. I will be in this case either as counsel for one of the parties, or as counsel to a "friend of the Court." I will keep FReepers advised, to the extent I can without revealing any client confidences.
Congressman Billybob
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